EPBC Water Trigger Query (Australia)

Consultation on new draft Guidelines has just closed – see here for the documentation.

The EPBC is Australia’s national environmental law – the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act). 2013 amendment has inserted a mandated (national-level) assessment of water resources impacts (a water trigger for project referral) into the process of approving new coal seam gas and large coal mining activities (this does not apply to shale gas).

Before the amendment was made, projects with water related risks could only be regulated at national level if they had implications for existing matters of national environmental significance eg. nationally endangered plants or animals.

This location gives further information on the new water trigger.

See here for the consolidated law (the water trigger is provided for by inclusion of coal seam gas and large coal mining at Chapter 2 Part 3 Subsection FB).